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High Court of Karnataka Allows Judgment-Debtor's Petition in Limitation Dispute for Execution of Injunction Decree. Article 135 of Limitation Act, 1963 applies to decrees for permanent injunction, not Article 136, and Executing Court's order rejecting limitation plea was quashed.

The writ petition was filed by the judgment-debtor, Lathe Education Society, challenging the order dated 01.03.2018 passed by the Principal Civil Judg...

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Madras High Court Allows Appeal in Partition Suit, Sets Aside Trial Court Decree Dismissing Suit as Not Maintainable. Father Cannot Execute Will Over Ancestral Property to Defeat Son's Right by Birth Under Hindu Succession Act, 1956.

The appellant/plaintiff, Karthikeyan, filed a suit for partition seeking a ½ share in the suit properties, claiming they were ancestral coparcenary p...

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Supreme Court Allows Appeals Against High Court Order Quashing Proceedings in Murder Conspiracy Case — Prima Facie Case of Fabricated Alibi Established. Police Officers Allegedly Created Bogus Excise Case to Shield Murder Accused, High Court Erred in Quashing Under Section 482 CrPC.

The Supreme Court allowed the appeals filed by the appellant, Om Prakash Yadav, against the judgment of the Allahabad High Court which had quashed cri...

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Bombay High Court Dismisses Insolvency Petition Against Deceased Insolvent, Holding Proceedings Abate Upon Death. Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Abates as Act Does Not Permit Substitution of Legal Representatives.

The case involves an insolvency petition filed by Prime Securities Ltd. against Anil Mithalal Shah under the Presidency Towns Insolvency Act, 1909. Th...

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Bombay High Court Dismisses Injunction Application in Testamentary Suit — No Stay of Execution of Partition Decree. Pendency of testamentary suit does not automatically stay execution of a civil court decree for partition and accounts.

The applicant, Sukumar Bhoja Shetty, filed a Notice of Motion in Testamentary Suit No. 113 of 2017 seeking an injunction to restrain the defendant, Ga...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

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Bombay High Court Dismisses Landlords' Petition Challenging Remand Order by Maharashtra Revenue Tribunal in Tenancy Dispute. Finality Clause under Section 73 of Bombay Tenancy and Agricultural Lands Act, 1948 Does Not Bar Revision Jurisdiction of Tribunal When Possession Issue Remains Unresolved.

The petitioners, landlords, were aggrieved by an order of the Maharashtra Revenue Tribunal (MRT) dated 31 July 1991 in Revision Application No. MRT.P....